25-13-304. Execution against property of judgment debtor. If the writ is against the property of the judgment debtor, the writ must require the sheriff or levying officer to satisfy the judgment, with interest, out of the personal property of the debtor and, if sufficient personal property cannot be found, out of the debtor's real property as provided in 25-13-305.
History: En. Sec. 184, p. 79, Bannack Stat.; re-en. Sec. 210, p. 176, L. 1867; re-en. Sec. 251, p. 80, Cod. Stat. 1871; re-en. Sec. 302, p. 118, L. 1877; re-en. Sec. 302, 1st Div. Rev. Stat. 1879; re-en. Sec. 313, 1st Div. Comp. Stat. 1887; amd. Sec. 1211, C. Civ. Proc. 1895; re-en. Sec. 6814, Rev. C. 1907; re-en. Sec. 9417, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 682; re-en. Sec. 9417, R.C.M. 1935; R.C.M. 1947, 93-5802(part); amd. Sec. 106, Ch. 575, L. 1981; amd. Sec. 21, Ch. 548, L. 1987; amd. Sec. 443, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 13. Execution of Judgment
25-13-301. Form and contents of writ
25-13-302. Execution against principal debtor before surety
25-13-303. Execution when only some of defendants served
25-13-304. Execution against property of judgment debtor
25-13-305. Execution of lien on real property
25-13-306. Execution against property in hands of representative
25-13-307. Execution requiring delivery of possession of property